Jagdish Bhalla, J. - (1.) Petitioner No.1 is a registered association of Librarians of the Libraries and is registered under the Societies Registration Act, 1860 duly recognised by the State Government. It has been formed with the ends to safeguard interest of its members and espouses their cause in the matter of employment. The petitioner No.2 is the General Secretary of the members of the said association and the petitioners are working at different places. Initially, the instant writ petition was preferred by the petitioners claiming parity in the matter of scales of pay on the posts of Librarian, Deputy Librarian and Assistant Librarian of the Universities and the Librarians in the Degree Colleges with the pay scales of Professors, Readers and Lecturers respectively, in the matter of Universities and the pay scale of Lecturers in the matter of Degree Colleges. The petitioners have also sought a writ of mandamus for directing the opposite parties to give post to post parity in the scales with those of Central Government/ Central Universities, and its affiliated Degree colleges on the post of Librarian, Deputy Librarian and Assistant Librarian of the Universities and the Librarian of the Universities and the Librarian of the Degree Colleges. It has also been inter-alia prayed to direct the opposite parties to pay arrears with effect from 1.4.1980 as well as promotion with retrospective effect. During the pendency of the writ petition, the State Government issued the G.O. dated 29.2.1996 granting only the UGC pay scales to the Librarians, Dy. Librarians and Assistant Librarians. Therefore, the petitioners amended the writ petition and inter-alia prayed for quashing of the G.O. dated 29.2.1996, as far as it denies the benefit of Merit Promotion Scheme to the petitioners, which has been granted to the Teachers and Lecturers in Physical Education.
(2.) At the outset, we deem it necessary to mention that this writ petition was filed in the year 1993 and was registered as Writ Petition No. 1303(MB) of 1993. Later on it came to notice that this writ petition has wrongly been registered as Misc. Bench matter as it relates to service benefits of Librarians. Therefore, by the order dated 28.7.2005, a Division Bench of this Court directed for placing the same before the Bench dealing with service matters and accordingly, it has been re-numbered as 1303/SB of 2005. Conspectus of the facts are as under:-
(3.) It is averred that on the recommendation of the University Grants Commission, in the year 1956, the Governor was pleased to order that the scale of pay of Librarians in such aided degree colleges where the post Graduate Teaching in at least three subjects was being rendered, be given the pay scales of Rs.200-15-350-EB-20-460 per month with effect from April 1st 1956. It was treated to be approved item of expenditures for the purposes of grant-in-aid. This scale was also admissible to the Librarians who have possessed academic qualifications required for appointment of teachers in that scale.;